Articles

Reasonable Accommodations: Interaction with and Providing Leaves of Absence to a Disabled Employee

September 01, 2014

“When an employee requests a leave of absence because of a disability, employers have two separate duties: 1) interact with the employee; and 2) provide a defined period of leave so that the employee can obtain treatment and recover, as a reasonable accommodation.  But if that employee seeks on-going, or more successive weeks off from work, the obligations of the employer under state and federal law become less clear.  “The matter of deciding what accommodations are ‘reasonable’ and therefore required is determined on a case-by-case basis and involves a good-faith, interactive process between the employer and the employee,” says Roberta Hayashi, partner, Employment Law Practice Group Chair at Berliner Cohen.  Read more…